When a product manufacturer or company fails to meet their responsibility to make sure the products they distribute are safe for consumers, it usually ends up in injury. Victims then have the right to file a product liability claim against the party at fault, but first, they should speak with a Costa Mesa product liability lawyer to discuss their legal options.
When a company, manufacturer, or producer makes a product to sell, they have a moral and legal responsibility to be sure that the product is safe for consumers to use. They must be completely sure that all products they manufacture and distribute accomplish the intended goal, job, or purpose they are designed for in an effective way without having the potential to harm any users or other bystanders in its vicinity.
Additionally, appropriate safety indicators, as well as proper directions for using the product, are required to be included with the packaging to avoid serious injuries. When a product does not come with adequate documentation for use or precautionary warnings that notify users of potential hazards, it can result in misuse of the product. If someone gets hurt using that product, a liability claim is likely in order.
An Orange County product liability attorney at Easton & Easton is prepared to offer the support you need to navigate a successful product liability claim. We are compassionate when it comes to our clients but aggressive when it comes to corporate entities that try to intimidate individuals rather than give them the compensation they are rightfully owed for injuries caused by their defective or dangerous products.
An injury attorney can offer obvious legal assistance such as filing paperwork, keeping deadlines, and speaking to insurance adjusters on your behalf. But there are many more vital actions that a Costa Mesa product liability law firm can handle, like taking the necessary steps to prove an injury was a result of a defective product. This is typically easier said than done, especially because the legal team on the other side is experienced in disproving liability.
The insurance adjusters and legal team you’ll likely be up against are trained to find ways not to pay claims, and they get more experience denying claims every day. You need a legal team backing you that is also experienced in proving the liability of the product manufacturer in order to help you get the compensation you deserve for your injury.
A good Costa Mesa product liability lawyer will work tirelessly to prove the product that injured their client was defective in one of three ways.
- Design Defect: There is a flaw in the design of the product that is a direct result of its base design. As a result, all products made from that original base design are defective in the same way.
- Manufacturing Defect: There is an issue in the production process of the product, which is caused by the process or materials used in the manufacturing or production of the product. As a result, there may be a specific time frame during which products were manufactured faulty.
- Marketing Defect: The product fails to function as advertised and does not meet the claims of the manufacturer or seller regarding the intended use of the product. It may also be unreliable in terms of safe use, and/or the product does not come with adequate instructions for use and/or safety precautions for use.
In the majority of product liability cases, it is obvious where liability lies once properly investigated and then explained to the court by a product liability lawyer. However, most insurance companies are planning on a plaintiff having subpar legal representation, if any at all. They can easily outmaneuver self-represented claimants, but it will be difficult when a plaintiff walks in with a confident and reputable injury attorney by their side.
In fact, when insurance adjusters see a claimant has adequate legal representation, they are more likely to settle amid negotiations than go all the way through litigation in the courtroom because they know they will likely end up having to pay the claim anyway at that point.
An injury attorney who is well-versed in California product liability law and who has sharp negotiating skills will be able to negotiate on your behalf in an attempt to obtain the highest settlement amount possible. A successful product liability legal firm will estimate the value of damages incurred by the injury and work to get a settlement as close to that amount as possible. This usually includes medical expenses, property damage, lost wages, future lost wages, and pain and suffering,
A good Costa Mesa injury attorney knows an insurance company is always going to offer its lowest offer first and understands how to max out settlement offers. A lawyer with this level of experience is essential in optimizing the outcome of any product liability case.